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  5. 26 N.Y.2d 987 (1970)
 

TRS. IN OFFICE NEW YORK SHIPPING ASS'N-INT'L LONGSHOREMEN'S ASS'N (IND) WELFARE FUND v. S. T. GRAND, INC.

26 N.Y.2d 987 (1970)

Trustees in Office New York Shipping Association-International Longshoremen's Association (Ind) Welfare Fund et al., Respondents, v. S. T. Grand, Inc. et al., Defendants, and All-Boro Gas Co., Inc., Appellant. (Action No. 1.) Salvatore Spinnato, Plaintiff, v. All-Boro Gas Co., Inc. et al., Defendants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 23, 1970.

Attorney(s) appearing for the Case

William F. McNulty and Daniel J. Coughlin for appellant.

Max J. Gwertzmann and Saul Goldstein for respondents.

Concur: Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Judge SCILEPPI concurs. Taking no part: Judge BURKE.

Order affirmed, with costs.

JASEN, J. (dissenting).

The respondent's claim was based on the hypothesis that tanks of propane delivered by the appellant All-Boro Gas leaked, and that this leakage caused the explosions and fire which damaged respondents' building. A crucial part of the respondents' case was a laboratory test performed on the valves of five tanks which were recovered from the building after this four-alarm fire. Two valves were from...

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